The Law.

Your Legal Obligations.

On 1 December 2003, a law came into force to prohibit drivers using a hand-held mobile phone, or similar device, while driving. It also made it an offence to “cause or permit” a driver to use a hand-held mobile phone while driving, or to use a hand-held mobile phone while supervising a driver who only has a provisional licence.

The penalties were initially a fixed penalty of £30 or a fine of up to £1,000 if the offender goes to court (£2,500 for drivers of goods vehicles or passenger carrying vehicles with 9 or more passenger seats).

From 27th February 2007, the penalty for using a hand-held mobile phone whilst driving increased to £60 and three penalty points added to the drivers' licence.

These are the penalties for simply using a hand held mobile phone, if, while using it, your driving is affected you could find yourself facing a much more serious charge such as the offence of dangerous driving.

Employers.

If you are an employer, you can find yourself 'vicariously liable' for the acts of your employees. If one of your drivers has an accident while driving and using a hand held mobile phone for business purposes you could find yourself paying a hefty damages bill. You owe a legal duty of care to your employees and to the public at large not to allow your drivers to use a hand held mobile phone whilst driving.
Research has clearly shown that a drivers attention is less focused when talking on a mobile phone, and that you are four times more likely to have an accident. You may think that a few points and a £60 fine is worth the risk, but is a life worth the risk, that life could be your own, or your child's. Using the correct Handsfree system will keep you within the law. However, always remember that your attention can still be reduced even with a handsfree kit and you are still more likely to have an accident if you do not drive carefully.